establishment clause free exercise clause

• The Religion Clauses of the First Amendment

§ 32.1 The Establishment Clause. § 32.1.1 Introduction. § 32.1.2 The Development of Establishment Clause Doctrine. § 32.1.2.1 The Natural Law Approach. § 32.1.2.2 The Formalist Approach. § 32.1.2.3 The Holmesian Approach. § 32.1.2.4 The Instrumentalist Approach. § 32.1.3 Specific Examples of Establishment Clause Analysis. § 32.1.3.1 The School Cases. A. The Instrumentalist Era. B. The Modern Natural Law Era. (1) School Aid Cases. (2) Religious Influences Within the Public Schools. § 32.1.3.2 The Display Cases. A. The Instrumentalist Era. B. The Modern Natural Law Era. § 32.1.4 Establishment Clause: General Thoughts For the Future. § 32.2 The Free Exercise Clause. § 32.2.1 Introduction. § 32.2.2 Historical Development ...

• The Path of Constitutional Law
• Part IV: The Final Cause Of Constitutional Law
• Sub-Part Four: The First Amendment

• Religious Freedom

... shall make no law respecting an establishment of religion or prohibiting the free exercise there... right is protected by the Establishment Clause of the First Amendment, while the second right is ...

• Gale Encyclopedia of Everyday Law
• Civil Rights

• Just Don't Wish 'Happy Holidays'

Q: I am president of the board of directors for a private gated community where a substantial number of Christians and Jews reside. Our clubhouse is decorated each year to celebrate Christmas and Hanukkah. However, a few residents feel there should be no decorations so no one will be offended. In the past, we've had a Christmas tree, menorahs and a creche. How can we satisfy all of our residents? -- J., via e-mail A: As the holiday season approaches, your question is a good icebreaker for the flood of questions I always receive each year on the same topic. Let me first answer your specific question. I think you're doing the right thing by decorating your clubhouse with symbols of both Christmas and Hanukkah. I'd also encourage you to include Kwanzaa symbols if anyone in your community r...

The second clause provides that the government shall not interfere wwith the free exercise of religion by any American citizen. So i...

• New Haven Register
• November 02, 2009

• Religion

... shall make no law respecting an establishment of religion, or prohibiting the free exercise ther... provision is known as the Establishment Clause, and the second part is known as the Free Exercise...

• West's Encyclopedia of American Law
• Po–San

• Freedom of Religion and the Establishment Clause

... of religion, or prohibiting the free exercise thereof.". The First Amendment, indeed the whole B...

• Supreme Court Drama: Cases That Changed America
• Volume 1: Individual Liberties
• Freedom of Religion and the Establishment Clause

• Potts v. Catholic Diocese of Youngstown, (Ohio 2004)

Court of Appeals will not rule upon the correctness of church doctrine concerning marriage; First Amendment; free exercise of religion clause; establishment of religion clause; court may inquire into whether a religious reason was offered only as a pretext for firing in an age discrimination case; summary judgment; whether an employee has accrued benefits under a contract is a separate question from whether employment was lawfully terminated due to breach of contract.

• Ohio Supreme Court

• Establishment Clause Jurisprudence and the Free Exercise Dilemma: A Structural Unitary-Accommodationist Argument for the Constitutionality of God in the Public Square

Twentieth-century courts play a major role in America's legal and political secularization, formulating and upholding interpretations of the First Amendment Establishment Clause that demand "public neutrality on the widest possible range of moral issues." Judicial inconsistency in how the Religion Clause is understood does little to remedy this secularization dilemma. Over the past century, courts have applied a variety of interpretations to the Establishment Clause. This Comment addresses these and other problems raised under current Establishment Clause tests, focusing on the accommodationist/separationist, unitary/disassociation, and rights-based/structural interpretive debates. It ultimately concludes that a structural unitary-accommodative approach to the Establishment Clause may p...

• Brigham Young University Law Review
• Vol. 2006 Nbr. 1, January 2006

• The Menace of Neutrality in Religion

The Supreme Court has interpreted the Establishment Clause as requiring or involving the application of the neutrality principle. This principle imposes an obligation on federal and state governments to refrain from favoring or disfavoring either sectarianism or secularism. This article argues that the neutrality principle ineffectively addresses the conflicts between the Establishment Clause and the Free Exercise Clause and has largely removed religion from American public life by trivializing its existence. As such, the neutrality principle is a convenient but ultimately specious principle - one that is inherently incapable of facilitating the free exercise of religion as constitutionally protected by the First Amendment. The article suggests that a return to the original meaning of t...

• Brigham Young University Law Review
• Vol. 2004 Nbr. 2, January 2004

• 45 CFR 260.34 - When do the Charitable Choice provisions of TANF apply?

... are provided consistent with the Establishment Clause and the Free Exercise Clause of the First A...

• Code of Federal Regulations - Title 45: Public Welfare

• First Amendment: Religion And Free Expression

... religion, or to prevent the free exercise thereof, or to infringe the rights of conscience."... assistance in interpreting the religion clauses; Madison's position, as well as that of Jefferson,... left free to create a religious establishment. The only security was in extirpating the power. B...

• Constitution of the United States (Annotated)